Monday 2 May 2011

draft manifest X = (X equality) re Copyright Infringement Bill

DOWNLOADING IS NOT A CRIME

X = action / issues

We are an apolitical group of concerned & affected citizens.

We believe the New Zealand Government has been both uninformed & naive in the implementation of important legislation; & as we believe with understanding & knowledge that this legislation may likely contravene the Bill of Rights we are compelled & obliged to make these appeals publically & directly to our Parliament:


- we respectfully ask for the detraction & repel of the Copyright Infringement Bill immediately;

- in particular any reference or process that would imply untested or assumed guilt;

- we request an immediate review & parliamentary enquiry of the process that the act was entered into legislation;

- we request a review of the general manner in which the New Zealand Government has developed its copyright law;

- we find it unacceptable that under the amendment the person who is listed as the owner of an internet account will be responsible for the actions of everyone who uses that account;

- furthermore, we find it abhorrent that If a content company accuses someone, the tribunal will accept that accusation as true unless the account holder can prove that the accusation is false - this reverses the normal burden of proof;

-we hold the Government responsible for costs or damages caused upon any persons or entity as a result of this legislation.


manifest.pdf Download this file

122MA Infringement notice as evidence of copyright infringement
(1) In proceedings before the Tribunal, in relation to an infringement notice, it is presumed:
(a) that each incidence of file sharing identified in the notice constituted an infringement of the right owner's copyright in the work identified;
(b) that the information recorded in the infringement notice is correct;
(c) that the infringement notice was issued in accordance with this Act.
(2) An account holder may submit evidence that, or give reasons why, any 1 or more of the presumptions in subsection (1) do not apply with respect to any particular infringement identified in an infringement notice.
(3) If an account holder submits evidence or gives reasons as referred to in subsection (2), the rights owner must satisfy the Tribunal that, in relation to the relevant infringement or notice, the particular presumption or presumptions are correct.

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